Citizen spouse's passport is expired, does it still work for my green card application?

Asked over 1 year ago - San Gabriel, CA

I am a foreigner here in US and my husband is a US citizen. I'm about to apply my green card recently but my husband's passport is expired. Does he have to renew his passport and after that I can apply for my green card or his expired passport would still work for my application?

Additional information

My husband was born in US. We'll include his birth certificate in my green card application package, will that be enough to prove he is a US citizen?

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . It does not matter if his passport is expired.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Best Answer
    chosen by asker

    Answered . If he is planning to use the passport for your applications, it must be a valid unexpired passport. He can also use a US birth certificate or naturalization certificate in place of the passport.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. J Charles Ferrari

    Contributor Level 20

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    Answered . He needs to prove that he is a US citizen. A valid passport can be used for that purpose.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Jesus Novo III

    Contributor Level 14

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    Answered . He will have to show proof of citizenship but the fact that his passport is expired will have no impact on your case.

  5. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

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    Answered . I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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